R-11, r. 2 - Regulation respecting the partition and assignment of benefits accrued under the Teachers Pension Plan

Section 17 Disposition versions

2012-09-01

17. If the amount paid to the spouse comes from an entitlement to a refund of contributions, to a deferred pension or a pension credit, the benefits of the teacher or former teacher shall be established in accordance with the Act and shall be recalculated as follows:

(1)  where the teacher or former teacher is entitled to a refund of contributions, the amount of his or her refund shall be reduced by the sums awarded to the spouse at the date of assessment and a separate calculation shall also be made in the case of a pension credit;

(2)  where the teacher or former teacher is entitled to a payment of actuarial value or to transfer an amount under a transfer agreement concluded in accordance with section 158 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the amount of the payment of actuarial valuation or the amount to be transferred shall be reduced by the sums awarded to the spouse at the date of assessment with interest compounded annually at the rate determined for each period under Schedule VI to that Act and accrued from the date of assessment to the date on which the payment or transfer is made;

(3)  where the teacher or former teacher is entitled to a deferred pension, a pension or a pension credit, his pension or pension credit shall be reduced, from the date on which it becomes payable or from the date of payment, as the case may be, by the amount of pension or pension credit that would be obtained on the basis of the sums awarded to the spouse at the date of assessment.

T.B. 176506, s. 17; T.B. 187712, s. 10; T.B. 192649, s. 3; T.B. 198512, s. 7.